The defendant is charged [in count __]
with carrying a dangerous weapon. The statute defining this offense imposes
punishment on any person who carries upon (his/her) person <insert one of the
following:>

a BB gun.

a blackjack.

metal or brass
knuckles.

a dirk knife.

a switch knife.

a knife having an
automatic spring release device by which a blade is released from the handle,
having a blade of over one and one-half inches in length.

a stiletto.

a knife the edged
portion of the blade of which is four inches or more in length.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Carried weaponThe first element is that the
defendant carried <insert specific weapon> upon (his/her) person.
A weapon is "carried" if it is on
one's person and within the person's control or dominion, meaning that the
person must be aware of its presence.2

An "electronic
defense weapon" is a weapon which by electronic impulse or current is
capable of immobilizing a person temporarily, but is not capable of inflicting
death or serious physical injury.

Dangerous
instrument" means any instrument, article or substance which,
under the circumstances in which it is used or attempted or threatened to be
used, is capable of causing death or serious physical injury. "Serious
physical injury" means physical injury which creates a substantial risk of
death, or which causes serious disfigurement, serious impairment of health
or serious loss or impairment of the function of any bodily organ. It is
important to note that the article need not be inherently dangerous; all
that is required is that the article was capable of causing death or serious
physical injury under the circumstances in which it was used. Any article
or substance, without limitation and even though harmless under normal use,
may be found by you to be a dangerous instrument if, under the circumstances
of its use or threatened or attempted use, it is capable of producing
serious physical injury or death. The state need not prove that in fact
death or serious physical injury resulted, only that the instrument had that
potential under the circumstances.

[<If the conduct involves
a threat and not an actual use of a dangerous instrument:> A threat can
only be punishable when it is a true threat, that is, a threat that a reasonable
person would understand as a serious expression of an intent to harm or assault,
and not as mere puffery, bluster, jest or hyperbole. In determining whether the
threat is a true threat, consider the particular factual context in which the
allegedly threatening conduct occurred which could include the reaction of the
person allegedly being threatened and the defendant's conduct before and after
the allegedly threatening conduct.]3

Element 2 - Outside dwelling or place of business.The second element is that the
defendant was outside (his/her) dwelling or place of business.4

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant carried <insert specific
weapon>, and 2) (he/she) was outside (his/her) dwelling or place of
business.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
carrying a dangerous weapon, then you shall find the defendant guilty. On the
other hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.
_______________________________________________________

1
Note that the definition of "deadly weapon" in General Statutes § 53a-3 (6)
explicitly excludes its application to § 53-206.

4
"General Statutes 53-206 (a) does not expressly except from its terms the
carrying of a dangerous weapon in one's dwelling or abode. This, however, is an
implied exception. See General Statutes 29-35 (allows the carrying of pistols
or revolvers without a permit in one's dwelling or place of business). Section
29-35 provides in pertinent part: "No person shall carry any pistol or revolver
upon his person, except when such person is within his dwelling house or place
of business, without a permit to carry the same." State v. Sealy, 208
Conn. 689, 693 n.2 (1988).

Commentary

A knife with a cutting blade less
than 4 inches long, which does not explicitly come under the statute, may come
under "dangerous or deadly weapon or instrument." State v. Holloway, 11
Conn. App. 665, 671 (1987).

Self-defense may be available to a
charge under this statute, if it was the defendant's use of the item that made
it a dangerous instrument. State v. Ramos, 271 Conn. 785, 803 n.13
(2004).

The "place of business" exception
means only premises that contain a business in which the defendant has a
proprietary or possessory interest, not a location at which the defendant is
merely an employee. State v. Vickers, 260 Conn. 219, 221-22 (2002). It is
also limited to fixed places of business only, and does not encompass taxicabs. State v. Lutters, 270 Conn. 198, 208 (2004).
A stairway and landing leading to the defendant's apartment was not in his
exclusive control and thus did not come within the dwelling exception. State v. Sealy,
supra, 208 Conn. 694.

See General Statutes § 53-206 (b)
for exceptions to culpability. "[W]here exceptions to a prohibition in a
criminal statute are situated separately from the enacting clause, the
exceptions are to be proven by the defense." (Internal quotation marks
omitted.) State v. Valinski, 254 Conn. 107, 123 (2000) (rule also
applies when the exception is found in a separate statute).